Bond help

[EKAS]

Hi all, just wondering if anyone can give me any advise on the following situation:

I rented a 6 bed house with some mates last sep (all students) where we all signed a separate tenancy agreement for a room in the house each. My contract ended on 31 july this year and i am now moved out. The others have another year left in uni so signed another contract to saty on, but now my landlord is saying that as they have stayed on I have to wait until the house is empty before they can assess for any damage and I have my bond back (they gave me £100 out of the £300 in the meantime).

Personally I cant see how this can be right, I signed an agreement for a year only, the others staying on are separate agreements, and a new person whom I dont even know has moved into my room. If anythign now gets broken over the next year I will be liable (they have not been to viw the property since I have moved out).

Apparently this guy owns over 100 properties throuout portsmouth and is know for not givin bonds back - the tenants before us came round after we had moved in to take pics as they were taking him to the small claims court as he said they made £2000 worth of damages which they dispute and they were informed the girls before them never had their back either!

Any enlightenment on the situation would be greatly appreciated

[Nightmare4banks]

EKAS,in my view and based on what you have just posted:

1.The landlord has no real right to withhold your deposit as you cannot be held liable for any possible damage caused by the remaining students that are carrying on living in the house and that you cease to remain in occupation of the property.

2.As the landlord has found a tenant for the room that you were living in so then he/she would be liable for any damage to the room that you vacated from the date the agreement was signed onwards.

3.Issue a Letter before Action threatening to take your landlord to court say 1 month after you have sent this letter.

4.You must give your ex-landlord the chance to cough up and if does not issue a summons it is as simple as that!

Please read through the other threads in landlord & tenant section within this forum that I have mainly posted to show you how to tackle these sort of problems.

Anyway,I hope you find ths information useful.

If you have any questions,just ask.

Keep us posted.

All the best!

[EKAS]

Hi,

thanks for the advise.

I'l get a letter typed up this weekend then and if I do not get anything positive, will take the matter further

[Nightmare4banks]

Good luck!

Also,do not hesitate to ask any questions.

Keep us posted.

[EKAS]

Hi guys...

well I went to see a solicitor and they send a letter to the landlord saying if dont hear by 27th then will go to small claims. Apparently they are in the middle of being taken to court by last years tenants as they went round the other day to take some pics for evidence. I have not heard back from them but have heard they have had to move house (due to keeping so many ppl's money - he ownes 50 proporties apparently and is a well dodgy landlored) and I cant get an answer on phone. Is this my duty to find out if they have recived letter or can I go ahead and issue a summons?

Also my mates stayed and re-newed their contract, but under a different company name as they have changed it (which shouts out something fishy!). If the name they were trading under when I was renting is closed down am I still entitled to my money?

This is so frustrating and a waste of time and money for £300 quid (£60 of which has already gone on solicitor) but its the principle. I dont want him keeping my money when he has no right too!

How much does it cost to take someoen to small claims and also if i lost would I have to pay his expenses?

Thanks in advance for any advise!

[MrShed]

When you leave, the joint tenancy ends, and a new one begins. At that point, the landlord should do a check out, and deduct any damages EQUALLY from all the tenants, then return your portion back to you. They should then set up the new joint tenancy with the remaining tenants, and ask for top-ups to the deposit as required. Either way, you are entitled to your portion back.

[EKAS]

Did we have a joint tenancy then even though we signed separate agreements not one? thanks for the re-assurance. Im definitely going to go ahead and take them to small claims - is it true I can also claim any costs etc?

[MrShed]

Oh....sorry, in that case no, you aren't, but means that it makes it even less fair of her to retain the deposit. Yes you can claim reasonable costs in small claims.